85R5605 MCK-D
By: Wu H.B. No. 1436
A BILL TO BE ENTITLED
AN ACT
relating to the offense of possessing an open container of alcohol
in a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.031(a)(1), Penal Code, is amended to
read as follows:
(1) "Open container" means a bottle, can, or other
receptacle that contains any amount of alcoholic beverage other
than a receptacle that is factory-sealed by the manufacturer of the
alcoholic beverage [and that is open, that has been opened, that has
a broken seal, or the contents of which are partially removed].
SECTION 2. The change in law made by this Act to Section
49.031(a)(1), Penal Code, applies only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.